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Legal Checklist: How to Make your Business Sustainable in the Face of New Challenges
ALRUD Law Firm, July 2020

The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis...

Reopening your Workplace after Lockdown: 10 Key Questions
ALTIUS/Tiberghien, July 2020

With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during employees' return to work. FAQs Must employers respect health and safety measures on their employees' return to work and, if so, which ones?Yes, to the extent possible, social distancing (ie, maintaining a distance between people of at least 1...

A Look at Issues Faced by Employers as a Result of the Covid-19 Pandemic and Ensuing Movement Control Order
Shearn Delamore & Co., July 2020

Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt...

Deductibility of Expenses Incurred by a Business in its Restructuring or Retrenchment Exercise
Shearn Delamore & Co., July 2020

Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain. Affected businesses would at some point consider a restructuring of the business to manage the tide and stay afloat, with the last resort being liquidation for businesses operating in industries that are the most impacted by this pandemic...

Companies Will Need to Embrace Change in Order to Emerge Less Scathed from the Shadow of COVID-19
Shoosmiths LLP, July 2020

How successfully a business emerges following this pandemic will depend to a great extent on how quickly it identifies and implements long term necessary changes. Nobody is yet clear what the post-Covid-19 world will look like. It is possible that things revert back to the way they were quicker than anyone imagines. That said, it is very difficult to imagine no lasting or consequential changes to the way we work or live...

QIL+4 Abogados Introduces New Workplaces Manual: COVID-19
QIL+4 ABOGADOS, June 2020

This new Workplaces Manual covers all General Preventative Measures set for the by the following: Governmental Agreement 79-2020 Ministerial Agreement 146-2020 Presidential provisions in force Provisions of the Ministry of Public Health and Social Assistance Guide to the identification of occupational hazards by Covid-19 and preventive measures in the workplace - IGSS Regulation of Occupational Health and Safety The Manual covers the specifics of all factors involved in halting

COVID-19: Recommended Employer Response to CDCs Revised Guidance on High-Risk Employees
Dinsmore & Shohl LLP, June 2020

On June 25, 2020, the U.S. Center for Disease Control and Prevention (CDC) broadened its guidance on who’s at risk of severe illness from COVID-19 due to underlying medical conditions and age. Under the new guidance, the CDC departs from previous guidance stating that only individuals over 65 years of age were at increased risk of COVID-19 due to age, and now states that risk from severe illness from COVID-19 increases with age...

An Employer's Guide for Handling Vacation Issues in the Time of COVID-19
Spilman Thomas & Battle, PLLC, June 2020

Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in stay-at-home orders in most states which either limited the ability of some businesses to operate or resulted in businesses furloughing employees or having them work from home...

Latest Covid-19 Travel Advisory: More Expatriate Groups Permitted to Return to Malaysia
Shearn Delamore & Co., June 2020

Pursuant to the verbal announcement made by our Senior Minister, Datuk Seri Ismail Sabri Yaakob last week, the Government has further released written guidelines on the categories of expatriates who are permitted to return to Malaysia and the measures to be undertaken prior to and after entering Malaysia...

32 Years' Service Does not Provide Immunity from Dismissal for Poor Performance
Shearn Delamore & Co., June 2020

In the recent decision of Abdul Malek Bin Mohamed v MISC Bhd dated 17 June 2020 [Award 840 of 2020], the Industrial Court recognised that the tenure of service of an employee in an organisation does not shield the employee from having to render satisfactory performance at the level required by the Company. The Industrial Court upheld the dismissal of an employee for poor performance after 32 years of service...

10 Quick-and-Key Questions on a Safe Return to Work with Covid-19
ALTIUS/Tiberghien, June 2020

With the exit from the lockdown now in full force, more companies are bringing their staff back to their work premises. We have listed 10 quick-but-key questions that every business manager or HR specialist must deal with during this restart. To read the full Q&A, CLICK HERE...

Executive Order Suspends Entry of Certain Visa Categories due to Coronavirus Outbreak
Dinsmore & Shohl LLP, June 2020

Effective June 24, 2020, a new executive order from President Donald Trump will go into effect, limiting the entry of certain categories of foreign nationals to the U.S. through December 31, 2020 ostensibly to protect the U.S. labor market as it recovers from COVID-19. The order focuses on suspending and limiting entry of foreign nationals who are currently outside of the U.S...

IRS Issues CARES Act Guidance for Retirement Plans
Hanson Bridgett LLP, June 2020

Key Points IRS guidance expands the definition of “qualified individual” for receiving a tax-favored coronavirus-related distribution (“CRD”) from a retirement plan and other plan changes under the CARES Act. The guidance confirms that plan changes under the CARES Act are optional, including the loan repayment delay, and provides a safe harbor method for implementing the loan repayment delay...

Latest Update on the Paycheck Protection Program Flexibility Act of 2020
Lowenstein Sandler LLP, June 2020

View our other alerts and articles on the SBA Paycheck Protection Program on our Coronavirus/COVID-19 resource page. This alert was originally published on June 4, 2020, and is being updated as new information becomes available...

Dismissal Can be Fair Even When the Employer Cannot Prove All the Charges Against the Employee
Shearn Delamore & Co., June 2020

In a recent decision of the Industrial Court in Dewalaxhmana a/l A S Param v Weststar Aviation Services Sdn Bhd (Award No. 692 of 2020), we successfully defended the Company in a claim of unfair dismissal brought by a former employee. It is worth noting that in this case, even though the Industrial Court found that the Company had only proved four out of the seven charges against the former employee (the Claimant), the dismissal was still held to be fair...

Forced Resignation Does Not Automatically Amount to Unfair Dismissal
Shearn Delamore & Co., June 2020

A case of forced resignation does not automatically amount to an unfair dismissal. In the recent decision of Mohd Rizam bin Ibrahim v Prince Court Medical Centre Sdn Bhd dated 5 June 2020 [Award 716 of 2020], the Industrial Court ruled that although the employee was forced to resign, the same was with just cause and excuse...

The Civil Aviation Authority, the National Immigration Authority and the Ministry of Labor Extend the Measures Taken as a Result of the State of Emergency due to the COVID-19 Pandemic
Morgan & Morgan, June 2020

Civil Aviation Authority: All international flightsshall remain suspended untilJuly 22, 2020. National Immigration Authority: All identifications issued by the National Immigration Authoritythat weredue to expirebetween March 13 and July 31, 2020,willremain validuntilOctober 31, 2020,without incurring in fines or surcharges...

Catching Up To California: The U.S. Supreme Court Rules That Title VII Protects Gay and Transgender Applicants and Employees
Hanson Bridgett LLP, June 2020

Key Points Title VII prohibits discrimination based on sexual orientation and gender identity. The holding does not change currently-existing legal obligations for California employers as discrimination based on sexual orientation and gender identity is prohibited under the FEHA. California employers should ensure they are complying with FEHA’s posting and training requirements. On Monday, June 15, 2020, the U.S. Supreme Court published a long-awaited opinion, Bostock v...

Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions
Buchalter, June 2020

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR).  It has also issued a revised forgiveness application form, worksheet and instructions, and a new expedited (EZ) forgiveness application form and instructions that can be used by certain borrowers.  Links to those documents can be found below...

Labor Update: COVID-19 Preventative Measures for Workplaces
QIL+4 ABOGADOS, June 2020

The Guide for the Identification of Labor Risks by Covid-19 and Preventive Measures in Workplaces was published by the Guatemalan Social Security Institute...

Amendments to ORSO Passed: Regulatory Control on Retirement Schemes Strengthened
Deacons, June 2020

On 17 June 2020, the Occupational Retirement Schemes (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Occupational Retirement Schemes Ordinance (ORSO) with a view to preventing the misuse of schemes for purposes unrelated to employment and improving the governance of ORSO schemes...

New Job-Creating Wage Subsidy Helps Companies Rebuild in the Midst of the Pandemic-Caused Economic Crisis
Szecskay Attorneys at Law, June 2020

In its notice published on May 18, 2020, the National Employment Service (Nemzeti Foglalkoztatási Szolgálat) laid down the fundamental criteria that must be met by an applicant to be eligible for the new EU-supported wage subsidy intended to help create new jobs in Hungary in the wake of the COVID-19 pandemic. There is an enormous difference between the Kurzarbeitwage subsidy and this job-creating wage subsidy...

FAQs: Employment Ministry's and DPA's New Positions on Checking Employees' Temperatures
ALTIUS/Tiberghien, June 2020

The controversial issue of whether employers can check their employees' temperatures has been much debated. Both the Employment Ministry and the Data Protection Authority (DPA) have recently changed their positions in this respect...

Anti-Discrimination Laws Taken Forward
Deacons, June 2020

On 11 June 2020, the Discrimination Legislation (Miscellaneous Amendments) Bill 2018 (Bill) was passed at the Legislative Council. The Bill introduced amendments to Hong Kong’s four anti-discrimination legislations, namely the Sex Discrimination Ordinance (SDO), the Disability Discrimination Ordinance (DDO), the Family Status Discrimination Ordinance (FSDO), and the Race Discrimination Ordinance (RDO) (Amendments)...

Long Overdue: U.S. Supreme Court Holds Title VII Protects Gay and Transgender Employees
Lowenstein Sandler LLP, June 2020

What You Need To Know: It is now unlawful under federal law to discriminate against an employee because of that person’s sexual orientation or transgender status. Previously, more than 25 states did not have laws protecting gay employees from discrimination. Yesterday's Supreme Court decision confirms that discrimination based upon one’s sexual orientation or gender identity is discrimination based upon sex and therefore unlawful...

 

 

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